Reclaiming public roads from private use

SAGADA  Mayor James Pooten Jr leads the  road clearing operations in cooperation with the PNP (Philippine National Police) , SODA (Sagada operators and drivers association) and the  CSMV (Church of St Mary the Virgin). Photo shows  cleared road at the central part of Sagada town where the once bus and jeep terminal is found.

The relocated bus and PUJ terminal space fronting the Consumers Cooperative within
the Mission  compound  of the CSMV, 

HAPPY WEEKEND

Gina Dizon

BONTOC, Mountain Province -- For quite some time, public roads were used as jeep and bus terminals, parking spaces, vendors spaces to display stuff including fish, meat, vegetables, ukay-ukay and fish balls; and space to construct public and private structures.

For quite some time, this personalized relationship of roads with the public existed such that the road was an extension of the private life of an individual and even a family where in some situations, to sleep on.

Roads have been used for multi-purposes and the public has been used to this. While the road looks messy and prone to accidents, there have not been much accidents that happened on these multipurpose roads. Although danger to the public still exists on roads used by private persons, most road accidents place happen most of the time in highways where there are no jeep and bus terminals and vendors’ stalls.    

For quite some time, private vendors, bus operators, drivers, business establishments including stores and inns, have profited from using public roads meant for vehicles to cruise on.  Their vehicles block the road for people and vehicles to pass b and worse for some private entities make use of public roads for pay parking purposes. 

Nevertheless, roads should be used for its purpose which is a space for vehicles to pass on and not for vehicles to park on or vendors to sit by and sell their stuff.

Public roads have been for private interest.

This time, roads have to be for what they are meant to be, said President Rodrigo Duterte during his  state of the nation address (SONA) last July 24  as he called on local government executives to reclaim public roads from private use.

Duterte’s pronouncement followed with Memorandum Circular 2019-121 issued by the Dept. of Interior and Local Government (DILG) on July 29 which gave local government units 60 calendar days to remove obstruction from all public roads referring to barangay, municipal, provincial and national roads.

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Ride on. Manila Mayor rock star Isko Moreno heightened his drive to clear public  roads from  private use and aggressively went on to demolish public buildings that block the road.

As of September  3, Metro Manila was the  highest  compliant  LGU to  DILG MC 2019-121 followed by  Cagayan Valley, Central Luzon, Central Visayas  and Calabarzon  with  707 LGUs having conducted  road clearing  operations.

The   directive to reclaim public roads from private use extends on to suspending local chief executives who don’t comply. And suspension means six months without pay, DILG director Anthony Ballug said.

DILG chief Eduardo Año in his statement,  said local chief executives  who don’t comply with the order of the President would range from  range from reprimand, suspension to  dismissal.

Such warning that could set local chief executives to comply or else.

Said DILG circular directs local chief executives “to exercise their powers essential to reclaim public roads which are being used for private ends”.

They are ordered to achieve “significant results” in clearing their streets of obstruction, including portions used as parking spaces, basketball courts, vendor stalls and barangay halls.

Memo Circular 2019-012  directed local governments to “revoke permits that give authority  to private entities  to occupy  public roads alleys and thoroughfares , observe  prudence  in plain street signs and signages to avoid exacerbating  problems  on obstructions and for local sanggunians to revisit ordinances and similar legislative measures  to measure  responsiveness  to said directive and consistency with related laws and policies.”

In Mountain Province, validation of national roads in the first District Engineering Office of Mountain Province started  August 22 onwards in  different dates. Weekly reports are expected from LGUs and submitted to DILG.

DILG records as of August 23 noted that Bauko town organized  its working task force with a memorandum from Bauko Mayor Abraham Akilit  ordering punong barangays to conduct  inventory on  road obstructions  and Fridays of every month set as community cleaning  and removal of road obstructions. Akilit also informed private persons of illegal structures built on portions of public roads on the demolition of these.

Besao with existing four municipal ordinances on road management conducted removal of obstruction at Kiniway- Padangaan road and efforts to install road signages.

Likewise, Paracelis which  already has three ordinances on road management established traffic signs along the Natonin- Pararcelis road.

In Sadanga, issues on illegal parking along roads were discussed during a municipal peace and order council meeting  last  and the PNP directed to clear the roads.

In Tadian, some private entities with protruding and encroaching structures on the road were informed  for negotiation.

In Sagada, Mayor James Pooten Jr. met with  the Church of St Mary the Virgin (CSMV), Philippine  National Police (PNP), transport groups, and the Municipal local government officer in implementing DILG MC 2019-121.  

A major discussion focused on the transfer of the jeep and bus terminal currently using a portion of the national road to the private lot fronting the Consumers Cooperative beginning September 9.  Said lot is owned by the Episcopal Diocese of Northern Philippines (EDNP)-CSMV.

Meantime, a part of the Dantay-Sagada national road located at sitio Makamkamlis covers a pay parking lot for all vehicles- jeepneys, busses, private cars, tourist vans- and managed by the CSMV.

MPDEO district Engineer Alexander Castaneda said the Makamkamlis widened road is part of the validation much as public funds were used for the construction of said road.

It is important to note the extent of the road right of way of said road, Castaneda said.

EO 621 provides that national roads shall have a right of way of 15 to 20 meters and at least 60 meters for roads constructed through unpatented public land and  120 meters reserved through naturally forested areas of aesthetic or scientific value.

Funds for the building of the 400 meter road length was secured from the mountain province engineering district office (MPDEO). Constructed in 2017, the building of said road followed from a permit to enter given by the lot owner, EDNP followed by a memorandum of agreement entered into between the EDNP and the MPDEO.

In said MOA dated September 2016, the EDNP- CSMV allowed widening of the road with funding from the DPWH. Said MOA provides that DPWH may allow upon prior request  by the EDNP -CSMV  the use of the national highway during special occasions; and EDNP-CSMV  in coordination with the LGU and DPWH  shall manage the utilization of the road. A major premise of the MOA cited lack of parking areas in Sagada.  

Though the clearing of public roads from obstruction had long been an instruction which should  have been implemented by the police power of the State in local jurisdictions, MPDEO district Engr Castaneda said in an interview.

DPWH Department Order no. 73 series of 2014 provides for prohibited uses within road  right of way of national roads..

RA 917 enacted in 1953 further provides that “it shall be unlawful for any person to usurp any portion of a right-of-way, to convert any part of any public highway, bridge, wharf or trail to his own private use or to obstruct the same in any manner, or to use any highway ditch for irrigation or other private purposes”.

As road clearing happens, where to place public terminals and public parking lots for revenue purposes is left to the remedy of local chief executives how to make this happen. Private lots are now getting to be opened to accommodate public services such as parking lots for public use much more so where LGUs don’t have enough space for public use. And private persons are now getting prompted to open their private lots to accommodate pay parking spaces.